The City of Nolanville shall have the full power, to the extent the same is conferred by the Constitution and Laws of the State of Texas, to own, lease, operate, prohibit, regulate, and control any public utility within or without the limits of the City and to provide for the compensation and rental to be paid to the City by any public utility for the [use] of its streets, highways, and public areas.
In addition to the City’s power to buy, construct, lease, maintain, operate, and regulate public utilities and to manufacture, distribute, and sell the output of such utility operations, the City shall have regulatory and other powers as may now or hereafter be granted under the Constitution and Laws of the State of Texas.
(Charter adopted 11/2/10)
The City Council shall be and act as the Board of Directors of all utilities owned and operated by the City.
(Charter adopted 11/2/10)
The City Council shall have power by ordinance to grant, renew and extend all franchises of public utilities of every character operating within the City and for such purposes is granted full power. The term “public utility” as used herein is construed to mean any person, firm, or corporation furnishing to the public any general public service, including, but not limited to heat, light, gas, power, telephone service, communication services, community antenna or cable television service, sewer service, and the treatment thereof, water, wrecker service, the carrying of passengers for hire, or any other public service whereby a right to, in part, appropriate or use the streets, highways, or other property of the City, as necessary or proper is granted. Any ordinance granting, renewing or extending franchises shall not take effect until at least thirty (30) days after its passage; and during such thirty (30) day period the descriptive caption of the ordinance shall be published at least twice in the official newspaper(s) of the City, the expense of the publication being borne by the proponents of the franchise.
(Charter adopted 11/2/10)
Franchises granted by the City under this Charter shall be considered to be of no value in fixing reasonable rates and charges for utility service within the City, and in determining the just compensation to be paid by the City for public utility property which the City may acquire by condemnation or otherwise.
(Charter adopted 11/2/10; Ordinance D19-08 adopted 8/15/19)
All grants, renewals, extensions, or amendments of public utility franchises, whether so provided in the ordinance or not, shall be subject to the right of the City Council:
(a) 
To repeal the same by the ordinance at any time upon the failure of the grantee to comply with the terms of the franchise, the ordinance, this Charter, any applicable statute of the State of Texas, or the rule of any applicable governmental body, such power to be exercised only after written notice to the franchise holder stating wherein the franchise holder has failed to comply with the terms of the franchise, and if said default is not cured within a reasonable time such power shall be exercised only after the grantee has been given the opportunity for hearing.
(b) 
To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates.
(c) 
To require such expansion, extension, and improvement of plants and facilities as are necessary to provide adequate service to the public; and to require that maintenance of facilities be performed at the highest reasonable standard of efficiency.
(d) 
To prescribe the accounts and accounting system to be used by a franchise holder so that they will accurately reflect the value of the property used in rendering its service to the public; and the expenses, receipts, and profits of all kinds of such franchises. (It shall be deemed sufficient compliance with this paragraph if the franchisee keeps its accounts in accordance with the uniform system established by an applicable Federal or State agency for such service.) To examine and audit, at any reasonable time during regular business hours, the accounts and other records of any franchise holder; and to require annual and other reports including reports on operations within the City of Nolanville.
(e) 
To impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the health, safety, welfare, and accommodation of the public.
(f) 
To require such compensation and rental as may be permitted by the Laws of the State of Texas.
(g) 
To require that the franchise holder restore to the applicable City standards at the time, at his expense, all public and private property damaged or destroyed by construction, maintenance, or removal by such franchise holder.
(Charter adopted 11/2/10; Ordinance D19-08 adopted 8/15/19)
All extensions of public utility service shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter. The Extension of any public utility shall be considered as a part of the original grant and shall be terminable at the same time and under the same conditions as the original grant.
(Charter adopted 11/2/10; Ordinance D19-08 adopted 8/15/19)
All franchises heretofore granted are recognized as contracts between the City of Nolanville and the grantee, and the contractual rights as contained in any such franchise shall not be impaired by the provisions of this Charter, except that the power of the City to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved; and except that the general power of the City, heretofore existing and herein provided for a regulate the rates and service and the maintenance of the plan and equipment at the highest reasonable standard of efficiency [sic]. All franchises hereafter granted should be held to all terms and conditions contained in the various sections of this article whether or not such terms are specifically mentioned in the franchise.
(Charter adopted 11/2/10)
The City Council subject to State and Federal laws shall have full power, after due notice and hearing, to regulate by ordinance the rates, charges, and fares of every public utility franchise holder operating in the City. Every franchise holder who shall request an increase in rates, charges or fares shall have,, at a hearing of the Council called to consider such request, the burden of establishing by clear, competent, and convincing evidence the value of its investment property allocable to service in the City, the amount and character of its expenses and revenues connected with the rendering of such service, and any additional evidence required by the Council. If no agreement between the Council and the franchise holder can be reached on such request for an increase in rates, charges, or fares, the Council may select and employ rate consultants, auditors and attorneys to investigate and, if necessary, litigate such request. The franchise holder shall reimburse the City for its reasonable and necessary expenses so incurred and may be allowed to recover such expenses through its rates during the period of recovery if authorized to do so by the City Council.
(Charter adopted 11/2/10)
Accounts shall be kept for each public utility owned or operated by the City in such manner as to show the true and complete financial results of each such City ownership and operation. The accounts shall show the actual capital cost to the City of each public utility owned, the cost of all extensions, additions, and improvements; and the source of the funds expended for such capital purposes. The accounts shall also show all assets and all liabilities of each utility appropriately subdivided by classes, depreciation reserve, other reserves and surplus, and revenues, operating expenses including depreciation, interest payments, rentals, and other disposition of annual income including the cost of any service furnished to any other City department. The City Council shall annually cause an audit report to be made, by a Certified Public Accountant, of such accounts.
(Charter adopted 11/2/10)
Prior to the consideration of a sale of any city-owned public utility, the City Council shall hold a public hearing during which the City’s financial advisor shall present a report to the City Council concerning the revenue that has been earned by the City’s public utility throughout the City’s ownership thereof, and an analysis of the revenue to be lost by the City through the proposed sale of the utility.
There shall be two (2) Council votes twelve (12) months apart to call a referendum election concerning the sale of the public utility. The City shall then hold a referendum election, which must be favorably passed by a majority of the voters voting at the election.
(Charter adopted 11/2/10)
(a) 
The City Council shall have the power and authority to sell and distribute electricity and water and to sell and provide for sewer services and any other utilities to any person, firm or corporation outside the limits of the City of Nolanville, and to permit them to connect with said system under contract with the City, under such terms and conditions as may appear to be for the best interests of the City.
(b) 
The City Council shall have the power and authority to prescribe the kind of materials used within or beyond the limits of the City of Nolanville where it furnishes the service, and to inspect the same and require them to be kept in good order and condition at all times and to make such rules and regulations as shall be necessary and proper, and prescribe penalties for noncompliance with same.
(Charter adopted 11/2/10)
All franchises heretofore granted are recognized as contracts between the City of Nolanville and the grantee, and the contractual rights as contained in any such franchise shall not be impaired by the provisions of this Charter, except that the power of the City of Nolanville to exercise the right to eminent domain in the acquisition of utility property is in all things reserved, and expect [except] the general power of the City heretofore existing and herein provided for, to regulate the rates and services of a grantee which shall include the right to require proper and adequate extension of plant and service and in the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted should be held subject to all the terms and conditions contained in the various sections of this article whether or not such terms are specifically mentioned in the franchise. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of the City Council or voters of the City in imposing terms and conditions as may be reasonable in connection with any franchise grant.
(Charter adopted 11/2/10)